Note: Prior history: Prior code §§ 39.101 and 39.103
The city council is concerned with the level of juvenile violence, juvenile gang activity, and juvenile crime in the city. The crimes being committed by juveniles include serious offenses such as murders, driveby shootings, drug-related crimes and other gang-related activities. Juveniles are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crimes. Recent local statistics regarding juvenile crime and victimization indicate that enforcement of a curfew for juveniles decreases the percentage of juvenile victimization and increases the number of arrests for violent crimes during curfew hours. The city council believes that having an enforceable juvenile curfew ordinance is critical to preserving the public health, safety and welfare.
(Ord. 271, 1997)
For the purposes of this chapter, the following terms shall be defined as follows:
"Curfew hours"
mean the period from eleven p.m. any evening of the week, until five a.m. the following day.
"Emergency"
means the unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
"Establishment"
means any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
"Guardian"
means
1. 
A person who, under court order, is the guardian of the person of a minor; or
2. 
A public or private agency with whom a minor has been placed by the court. "Minor" means any person under eighteen years of age.
"Parent"
means a person who is a natural parent, adoptive parent, or stepparent of another person.
"Public place"
means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
"Responsible adult"
means a person, at least eighteen years of age, authorized by a parent or guardian to have the care and custody of a minor.
"Serious bodily injury"
means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(Ord. 271, 1997)
A. 
It is unlawful for any minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
B. 
It is unlawful for any parent or guardian of a minor to knowingly permit, or by insufficient control, to allow the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
C. 
It is a defense to prosecution under subsections A and B of this section that the minor was:
1. 
Accompanied by the minor's parent or guardian, or by a responsible adult;
2. 
On an errand at the direction of the minor's parent or guardian, or the responsible adult, without any detour or stop;
3. 
In a motor vehicle involved in interstate travel;
4. 
Engaged in an employment activity, or going to or coming home from an employment activity, without any detour or stop;
5. 
Involved in an emergency;
6. 
On the sidewalk abutting the minor's residence;
7. 
Attending an official school, religious, or recreational activity supervised by one or more adults and sponsored by the city, a municipal corporation, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by one or more adults and sponsored by the city, a municipal corporation, or another similar entity that takes responsibility for the minor.
8. 
Exercising First Amendment rights protected by the United States Constitution; or
9. 
Emancipated pursuant to law.
D. 
Before taking any enforcement action under this chapter, the enforcement officer shall ask the offender's age and reason for being in the public place or on the premises of the establishment during curfew hours. The enforcement officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under subsection C of this section is present or applicable.
E. 
Each violation of this section shall constitute a separate offense.
(Ord. 271, 1997)
Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed five hundred dollars or by imprisonment for a period of not more than six months in the county jail, or by both such fine and imprisonment. Minors shall be dealt with in accordance with juvenile court law and procedure.
(Ord. 271, 1997)